Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 13133 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change, along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied this requirement. 

12 17 CFR 240.19b–4(f)(6). 

13 17 CFR 240.19b–4(f)(6)(iii). 

14For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 15 15 U.S.C. 78s(b)(2)(B). 16 17 CFR 200.30–3(a)(12), (59). 

impose any significant burden on 

competition; and (iii) become operative 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to section 19(b)(3)(A) 

of the Act 10 and Rule 19b–4(f)(6)(iii) 

thereunder.11

A proposed rule change filed under 

Rule 19b–4(f)(6) 12 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),13 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. The 

Exchange has asked the Commission to 

waive the 30-day operative delay so that 

the proposal may become operative 

immediately upon filing. 

The Exchange has represented that it 

no longer offers an after-hours crossing 

session and has decommissioned its offhours trading facility. The Exchange 

asserts that permitting the rule filing to 

become operative immediately would 

thereby alleviate potential investor or 

market participant confusion that could 

result from the Exchange retaining 

obsolete rules on its rulebook relating to 

functionality the Exchange no longer 

offers. 

The Commission agrees that retaining 

the rule text in the Exchange’s rulebook 

may create investor confusion about the 

availability of off-hours trading on the 

Exchange. Accordingly, the Commission 

believes that waiver of the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest. Accordingly, the Commission 

hereby waives the 30-day operative 

delay and designates the proposal 

operative upon filing.14

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

under section 19(b)(2)(B) 15 of the Act to 

determine whether the proposed rule 

change should be approved or 

disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

NYSE–2024–06 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to file 

number SR–NYSE–2024–06. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (https://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. Do not include personal 

identifiable information in submissions; 

you should submit only information 

that you wish to make available 

publicly. We may redact in part or 

withhold entirely from publication 

submitted material that is obscene or 

subject to copyright protection. All 

submissions should refer to file number 

SR–NYSE–2024–06 and should be 

submitted on or before March 13, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–03449 Filed 2–20–24; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[FAA–2024–0396] 

Agency Information Collection 

Activities: Requests for Comments; 

Clearance of Renewed Approval of 

Information Collection: Reduced 

Vertical Separation Minimum 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, FAA 

invites public comments about our 

intention to request the Office of 

Management and Budget (OMB) 

approval to renew an information 

collection. Aircraft Operators seeking 

specific operational approval to conduct 

Reduced Vertical Separation Minimum 

(RVSM) operations must submit 

application to the FAA. Specific 

approval is required when aircraft 

operators intend to operate outside the 

United States (U.S.) or their aircraft are 

not equipped with Automatic 

Dependent Surveillance—Broadcast 

(ADS–B) Out. 

DATES: Written comments should be 

submitted by April 22, 2024. 

ADDRESSES: Please send written 

comments: 

By Electronic Docket: 

www.regulations.gov (Enter docket 

number into search field). 

By mail: Christopher A. Mitchell, 

Federal Aviation Administration (FAA), 

Flight Technologies and Procedures 

Division, 6500 S McArthur Blvd., 

Building 26, Suite 217, Oklahoma City, 

OK 73169. 

By fax: 202–267–5230. 

FOR FURTHER INFORMATION CONTACT: 

Christopher A. Mitchell by email at: 

Christopher.a.mitchell@faa.gov; phone: 

954–758–1564. 

SUPPLEMENTARY INFORMATION:


khammond on DSKJM1Z7X2PROD with NOTICES
13134 Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

Whether the proposed collection of 

information is necessary for FAA’s 

performance; (b) the accuracy of the 

estimated burden; (c) ways for FAA to 

enhance the quality, utility and clarity 

of the information collection; and (d) 

ways that the burden could be 

minimized without reducing the quality 

of the collected information. The agency 

will summarize and/or include your 

comments in the request for OMB’s 

clearance of this information collection. 

OMB Control Number: 2120–0679. 

Title: Reduced Vertical Separation 

Minimum. 

Form Numbers: N/A. 

Type of Review: Renewal. 

Background: The authority to collect 

data from aircraft operators seeking 

operational approval to conduct 

Reduced Vertical Separation Minimum 

(RVSM) operations is contained in Part 

91, Section 91.180, as established by a 

final rule published in the Federal 

Register on October 27, 2003 (68 FR 

61304) and in Part 91, Section 91.706, 

as established by a final rule published 

April 9, 1997 (62 FR 17487, Apr. 9, 

1997). Aircraft operators seeking 

specific operational approval to conduct 

RVSM operations outside the U.S. must 

submit their application to the 

responsible Flight Standards office. The 

responsible Flight Standards office 

registers RVSM approved airframes in 

the FAA RVSM Approvals Database to 

track the approval status for operator 

airframes. Application information 

includes evidence of aircraft equipment 

and RVSM qualification information 

along with operational training and 

program elements. 

Respondents: Operators are required 

to submit application for RVSM specific 

approval if they desire to operate in 

RVSM airspace outside the U.S. or if 

they do not meet the provisions of Title 

14 of the Code of Federal Regulations 

(14 CFR), Part 91, Appendix G, Section 

9—Aircraft Equipped with Automatic 

Dependent Surveillance—Broadcast 

Out. The FAA estimates processing 900 

initial applications annually and 2,136 

annual updates to existing approvals. 

Frequency: An Operator must make 

application for initial specific approval 

to operate in RVSM airspace, or 

whenever requesting an update to an 

existing approval. 

Estimated Average Burden per 

Response: 4.00 hours for updates to 

existing applications and 6.8 hours for 

application of initial approvals. 

Estimated Total Annual Burden: 

14,664 hours [(2,136 × 4.00) + (900 × 

6.8)]. 

Issued in District of Columbia. 

Christopher A Mitchell, 

Aviation Safety Inspector, Operations, FAA, 

Flight Technologies & Procedures Division. 

[FR Doc. 2024–03469 Filed 2–20–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0122; FMCSA–

2013–0123; FMCSA–2015–0326; FMCSA–

2015–0329; FMCSA–2016–0003; FMCSA– 

2017–0058; FMCSA–2019–0111; FMCSA– 

2020–0024; FMCSA–2021–0015] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 16 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, DOT, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001, (202) 366– 

4001, fmcsamedical@dot.gov. Office 

hours are 8:30 a.m. to 5 p.m. ET Monday 

through Friday, except Federal holidays. 

If you have questions regarding viewing 

or submitting material to the docket, 

contact Dockets Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2013–0122, FMCSA– 

2013–0123, FMCSA–2015–0326, 

FMCSA–2015–0329, FMCSA–2016– 

0003, FMCSA–2017–0058, FMCSA– 

2019–0111, FMCSA–2020–0024, or 

FMCSA–2021–0015) in the keyword box 

and click ‘‘Search.’’ Next, sort the 

results by ‘‘Posted (Newer-Older),’’ 

choose the first notice listed, and click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m. ET 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

requests. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov. As described in 

the system of records notice DOT/ALL 

14 (Federal Docket Management 

System), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

On January 3, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for 16 

individuals from the hearing standard in 

49 CFR 391.41(b)(11) to operate a CMV 

in interstate commerce and requested 

comments from the public (89 FR 433). 

The public comment period ended on 

February 2, 2024, and no comments 

were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

renewing these exemptions would likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved by complying 

with § 391.41(b)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 391.41(b)(11) states that a person is 

physically qualified to drive a CMV if 

that person first perceives a forced 

whispered voice in the better ear at not 

less than 5 feet with or without the use 

of a hearing aid or, if tested by use of 

an audiometric device, does not have an 

average hearing loss in the better ear 

greater than 40 decibels at 500 Hz, 1,000 

Hz, and 2,000 Hz with or without a 

hearing aid when the audiometric 

device is calibrated to American 

National Standard (formerly ASA 

Standard) Z24.5–1951. 

This standard was adopted in 1970 

and was revised in 1971 to allow drivers 

to be qualified under this standard 

while wearing a hearing aid (35 FR 

6458, 6463 (Apr. 22, 1970) and 36 FR 

12857 (July 8, 1971), respectively). 


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